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Environmental cases

Sharp v North Essex Magistrates Court and Environment Agency [2015] EWHC 3957 (Admin) – represented the Environment Agency successfully defending a challenge to the exercise of its powers of entry to undertake floor defence works.

R. (on the application of Powell) v Brighton Marina Co Ltd [2015] EWCA Civ 650 acted for Defendants (led by Richard Drabble QC) successfully defending judicial review claim (at first instance and in the Court of Appeal) concerning the redevelopment of Brighton Marina.

Energie Est Lds v Secretary of State for Energy and Climate Change [2013] EWHC 3026 – acted for the Secretary of State successfully resisting the Claimant’s challenge to the decision that the Claimant’s product was certified under the Microgeneration Certification Scheme.

Aston v State for Communities and Local Government  [2013] EWHC 1936 – represented the Secretary of State successfully defending this s.288 challenge to the lawfulness of the EIA screening process and other grounds.

Hertfordshire County Council v Secretary of State for Communities and Local Government [2012] EWCA Civ 1473 acting for the Secretary of State in the Court of Appeal and High Court successfully defending the Inspector’s decision that there had been no breach of planning control due to the intensification of activity at a scrap yard.

Ardley Against Incineration v Secretary of State for Communities and Local Government [2011] EWHC 2230 – acted for the Secretary of State successfully resisting this challenge to the grant of planning permission for an energy for waste facility.

Coronation Power  v Secretary of State for Communities and Local Government [2011] EWHC 2216 (Admin) – acted for the Secretary of State successfully defending the decision to refuse planning permission for wind turbines at a sensitive site in Cornwall.

Harrison v Secretary of State for Communities and Local Government [2009] EWHC 3382 (Admin); [2010] Env. L.R. 17 – acted for the Secretary of State successfully resisting challenge to planning enforcement decision in the High Court. This case raised important issues in respect of the relationship between planning control and pollution control regimes.

Palm Developments v Secretary of State for Communities and Local Government [2009] 2 P&CR 16 – acted for the successful Secretary of State defending this High Court challenge. This is the leading case on what constitutes a “tree” with the tree preservation order legislation.

R (Mageean) v Secretary of State for Communities and Local Government [2010] EWHC 2652 (Admin) and [2011] EWCA 863 - represented the Claimant in this s.288 claim in the High Court and Court of Appeal in this challenge to the Secretary of State’s grant of planning permission for a wind turbine. The claim was based on the failure to re-consider a screening direction that an environmental impact assessment was not required which had been made several years earlier and prior to the designation of a world heritage site in the locality of the proposed development.

R (Dry) v West Oxfordshire DC – High Court [2010] EWHC 1758 (Admin); Court of Appeal [2010] EWCA Civ 1143 – represented the Claimant  (instructed by Richard Buxton solicitors) in this challenge to the legality of the District Council’s grant of planning permission for 100 houses. The challenge focussed on the Council’s application of the sequential test in PPS 25 for allocating sites to the lowest area of flood and the Council’s environment impact assessments decision making process.

R (Lewes Friends of the Earth) v East Sussex CC [2009] Env LR 11 – acting for developer successful resisting this judicial review challenge into grant of planning permission for incinerator in Newhaven (led by David Holgate QC)

R. (on the application of Wandsworth LBC) v Secretary of State for Transport [2005] EWHC 20 (Admin); [2006] 1 E.G.L.R. 91 [2005] JPL 1635 – acted for partly successful claimants in challenge to the legality of the Civil Aviation White Paper (led by David Smith).

R. (on the application of Fisher) v English Nature [2005] 1 W.L.R. 147 – Court of Appeal decision relating to sites of scientific importance and their relationship with special protection areas under EU legislation (led by David Holgate QC).

R. (on the application of Little) v Secretary of State for Trade and Industry [2002] EWHC 3001 (Admin) – acted for developers successfully defending  challenge to grant of planning permission for electricity generating station(led by Christopher Katkowski QC)